Document Content

DECISION

Promulgating the Regulation on grant of permits for construction or performance of activities within land areas reserved for railways

THE MINISTER OF TRANSPORT

Pursuant to the June 14, 2005 Railway Law;

Pursuant to the December 2, 1994 Ordinance on Protection of Traffic Works;

Pursuant to the Government's Decree No. 34/2003/ND-CP of April 4, 2003, defining the functions, tasks, powers and organizational structure of the Transport Ministry;

At the proposal of the director of the Vietnam Railway Administration and the director of the Legal Department,

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on grant of permits for construction or performance of activities within land areas reserved for railways.

Article 2.- This Decision takes effect as from January 1, 2006.

Article 3.- The director of the Office and the chief inspector of the Ministry, the directors of the Vietnam Railway Administration and the Department for Assessment and Control of Quality of Transport Projects, the chairman of the Managing Board and the general director of the Vietnam Railway Corporation, heads of concerned agencies and units, and concerned individuals shall have to implement this Decision.

Minister of Transport
DAO DINH BINH

REGULATION ON GRANT OF PERMITS FOR CONSTRUCTION OR PERFORMANCE OF ACTIVITIES WITHIN LAND AREAS RESERVED FOR RAILWAYS

(Promulgated together with the Transport Minister's Decision No. 60/2005/QD-BGTVT of November 30, 2005)

Chapter I

GENERAL PROVISIONS

Article 1.- Governing area

1. This document provides for the order, procedures and dossiers of application for permits; rights and obligations of organizations and individuals involved in the construction of works or performance of activities not related to railway infrastructures (hereinafter referred to as construction of works and performance of activities for short) within railway work protection areas or railway traffic safety corridors.

2. The construction of railway works and regular maintenance and repair of railway works shall not be governed by this Decision.

Article 2.- Subjects of application

1. Subject to the application of this Regulation are organizations and individuals involved in the construction of works or performance of activities not related to railway infrastructures within railway work protection areas or railway traffic safety corridors.

2. Urban railways shall be governed by separate regulations.

Article 3.- Interpretation of terms

In this Regulation, the following terms shall be construed as follows:

1. Railway work protection areas mean surrounding, aerial, underwater or underground spaces of railway works where acts which cause unsafety to such works are prohibited.

2. Railway traffic safety corridors mean land strips and spaces along railways, aiming to ensure railway traffic safety.

3. Land reserved for railways includes land for construction of railway works, land within railway work protection areas and land within railway traffic safety corridors.

Article 4.- Purposes and requirements of the grant of permits

1. The construction of works or performance of activities within railway work protection areas or railway traffic safety corridors must comply with the provisions of law on protection of railway traffic works, assurance of railway works and railway transport and traffic safety; and protect natural landscapes and the environment.

2. Granted permits shall serve as a basis for inspection, supervision and handling of violation acts regarding the assurance of order and safety in construction of works or performance of activities within railway work protection areas or railway traffic safety corridors.

Article 5.- Principles for granting permits

1. The grant of permits must be in line with detailed plannings on railway construction approved by competent agencies and in conformity with standards, norms and regulations on architecture, planning, construction and environmental protection and relevant legal documents.

2. The grant of permits for construction of works shall be considered for essential works, works in service of defense and security, and civil works which must be constructed within railway work protection areas or railway traffic safety corridors and under plannings approved by competent agencies.

3. The grant of permits for performance of activities shall be considered for activities of regularly maintaining and repairing works not related to railway infrastructures but lawfully built within railway work protection areas or railway traffic safety corridors.

Article 6.- Works and activities considered for grant of permits

1. Construction of transversal roads, flyovers, tunnels, culverts, oil, gas or water pipelines, power transmission lines, telephone lines, optic-fiber cable lines and other works which must run or be laid over or under railways and within railway work protection areas or railway traffic safety corridors.

2. Construction of makeshift or permanent works not related to railway infrastructures, or performance of other activities which must be carried out within railway work protection areas or railway traffic safety corridors.

Chapter II

DOSSIERS, ORDER AND PROCEDURES FOR GRANTING PERMITS

Article 7.- Dossiers of permit application

Organizations and individuals wishing to construct works or perform activities within railway work protection areas or railway traffic safety corridors shall compile dossiers, each in three sets, then submit them to competent agencies to apply for permits. Each dossier of permit application comprises:

1. An application for permit, made according to a set form (not printed herein). Applications for term permits for construction of makeshift works must contain applicants' commitments to voluntarily dismantle such works and bear all dismantlement expenses when the ground is cleared for renovation or repair of railways;

2. A technical design and construction organization design dossier already approved by a competent authority; and photos of the works' actual state (for repaired or renovated works which require permits);

3. Written opinions of the competent state management agency in charge of railways on the formulation of the work construction project;

4. Written approval of the plan on construction of work or performance of activities, and measures to ensure railway traffic and railway work safety to be applied by the railway infrastructure business enterprise.

Article 8.- Receipt of dossiers

1. Permit-granting agencies are obliged to receive dossiers of permit application, and examine their validity according to the provisions of Article 7 of this Regulation.

2. When receiving complete and valid dossiers, permit-granting agencies must issue dossier receipts and fix dates of reply.

3. Where dossiers of permit application are invalid, permit-granting agencies shall have to guide permit applicants in supplementing and completing their dossiers to make them compliant with regulations. The time for completing dossiers shall not be counted into the permit granting time limit.

Article 9.- Examination of dossiers of permit application

1. Basing themselves on dossiers of permit application, opinions contributed by concerned agencies and organizations (if any), construction standards and other relevant legal documents, agencies competent to grant permits shall examine such dossiers and conduct field inspections (when necessary) before deciding to grant or not to grant permits.

2. Where it is necessary to clarify information related to other agencies or organizations in service of permit grant, but the information clarification falls beyond the responsibility of permit applicants, permit-granting agencies shall have to gather opinions of concerned agencies or organizations before clarifying information and handling the case.

3. Within 10 working days after receiving written requests of permit-granting agencies, consulted agencies and organizations shall have to give their opinions in writing. Past that time limit, if they make no written reply, they shall be considered having agreed and bear responsibility for any consequences of failure to reply or late reply.

4. Permits shall be granted within 15 working days after receipt of complete and valid dossiers.

5. A permit shall be made in three originals having the same content, one to be granted to the permit applicant; one to be sent to the enterprise dealing in railway infrastructure (where the permit-granting agency is not a railway infrastructure business enterprise) or to the Vietnam Railway Administration or the organization or individual owning special-use railways (where the permit-granting agency is a railway infrastructure business enterprise); and another to be kept at the permit-granting agency.

Article 10.- Contents of permits

1. Principal contents of a permit include:

a/ Location and position for construction of the work or performance of activities;

b/ Name and type of the work to be constructed or activities to be performed;

c/ Size of the work to be constructed or activities to be performed;

d/ Main construction and environmental protection measures;

e/ Validity of the permit, time of construction commencement and time of completion;

f/ Other contents specified for each type of work or activities.

2. Permits to be granted shall be made according to a set form (not printed herein).

Article 11.- Extension of permits

1. Permit applicants shall have to carry out the procedures for applying for permit extension in one of the following cases:

a/ One month after the date the work construction or activity performance is permitted to be commenced as stated in the permit, such work construction or activity performance has not yet been commenced;

b/ Permitted works or activities cannot be completed within the time limit stated in their permits.

2. A dossier of application for permit extension comprises:

a/ An application for permit extension, clearly stating reasons for permit extension application;

b/ The original permit already granted.

3. The time limit for consideration of permit extension shall be five working days after receipt of complete and valid dossiers. In case of refusal to extend permits, permit-granting agencies shall have to notify such in writing, clearly stating reasons therefor.

4. Agencies which have granted permits shall extend such permits.

Chapter III

POWERS AND RESPONSIBILITIES OF PERMIT-GRANTING AGENCIES AND RAILWAY INFRASTRUCTURE BUSINESS ENTERPRISES

Article 12.- Competence to grant permits

1. For national railways:

a/ The Vietnam Railway Administration shall grant permits for the construction, renovation or upgrading of the following permanent works which may change their own or related railway works' shapes, sizes or force-bearing structures:

- Bridges, flyovers, tunnels;

- Assorted culverts which have a water-draining section area of 1.0 m2 or more;

- Assorted pipelines (including protective pipelines), having a diameter of 500 mm or more;

- Power works and transmission lines, having a voltage of 35 kV or more.

b/ Enterprises dealing in railway infrastructure shall grant permits for:

- Makeshift works (of a use duration of 12 months or less);

- Newly constructed, renovated or upgraded works other than those specified at Point a, Clause 1 of this Article;

- The performance of activities which must be performed within railway work protection areas or railway traffic safety corridors.

c/ The grant of permits for construction, renovation or upgrading of transversal roads shall comply with the Regulation on transversal roads.

2. Organizations and individuals owning special-use railways shall organize the grant of permits for construction of works or performance of activities within protection areas or traffic safety corridors of their special-use railways.

Article 13.- Responsibilities of permit-granting agencies and organizations

1. To publicly post up conditions, order, dossiers and procedures for granting permits at their head offices.

2. To supply in writing information related to the permit grant at the request of permit applicants. The time limit for supply of information shall be seven working days after requests are received.

3. To be held responsible before law for the permit grant and pay compensations for damage (if any).

4. To settle complaints and denunciations about the permit grant according to the provisions of law on complaints and denunciations.

5. To inspect the construction of works or performance of activities according to granted permits.

6. To stop the construction of works or performance of activities upon detecting violations. Where stop decisions have been issued but permit grantees still continue their violations, to withdraw their permits and transfer the cases to competent authorities for handling.

7. To archive permit-granting dossiers and construction completion dossiers for monitoring and management.

8. Not to designate designing organizations or individuals to carry out designing work for permit applicants.

9. To collect, manage and use permit granting fees according to current regulations.

Article 14.- Responsibilities and powers of railway infrastructure business enterprises

1. Before commencement of work construction or activity performance:

a/ To guide organizations and individuals wishing to construct works or perform activities within railway work protection areas or railway traffic safety corridors in compiling dossiers of permit application;

b/ To grant permits according to their vested power;

c/ To reach agreement with investors, organizations or individuals that apply for permits according to the provisions of Clause 4, Article 7 and Clauses 1 and 5, Article 16 of this Regulation;

d/ To hand over site grounds to units constructing works or performing activities.

2. In the course of construction of works or performance of activities:

a/ To inspect and control the observance of regulations on assurance of work safety and traffic safety in the course of construction under permits and the provisions of law;

b/ To stop or suspend according to their competence the construction of works or performance of activities which are incompliant with permits or fail to ensure work or traffic safety.

3. After completion of the construction of works or performance of activities:

To take part in pre-acceptance tests and takeover of works on the site, and receive construction completion dossiers for management, monitoring and reference according to regulations.

Chapter IV

RIGHTS AND RESPONSIBILITIES OF INVESTORS, ORGANIZATIONS AND INDIVIDUALS APPLYING FOR PERMITS

Article 15.- Rights of investors, organizations and individuals applying for permits

1. To request permit-granting agencies to give explanations and guidance and strictly comply with regulations on grant of permits;

2. To lodge complaints or denunciations about law-breaking acts in the grant of permits.

Article 16.- Responsibilities of investors, organizations and individuals applying for permits

1. Upon the formulation of projects on construction of works or performance of activities within railway work protection areas or railway traffic safety corridors, to obtain written opinions of competent state management agencies in charge of railways and railway infrastructure business enterprises.

2. To submit complete dossiers of permit application and bear responsibility for their truthfulness.

3. To pay permit-granting fees according to current regulations.

4. To commence the construction of works or performance of activities only after permits therefor are granted by competent agencies or organizations, and strictly observe contents of such permits; to get any design business enterprises change approved by permit-granting agencies and organizations.

5. Before commencing the construction of works or performance of activities, to reach agreement with railway infrastructure business enterprises on the construction duration and time for carrying out procedures for receiving construction or performance ground areas.

6. To manage and ensure uninterrupted and safe traffic and transport in the areas of work construction or activity performance as from the date of receipt thereof.

7. To remove, upon the completion of works or activities, all barricades installed in service of work construction or activity performance; to hand over ground areas and construction completion dossiers to railway infrastructure business enterprises.

8. To pay compensations for damage caused to railway works and railway traffic and transport safety according to the provisions of law.

Chapter V

ORGANIZATION OF IMPLEMENTATION

Article 17.- Organization of implementation

1. The Vietnam Railway Administration shall have to organize the implementation of this Regulation.

2. Any difficulties or problems arising in the course of implementation should be promptly reported by concerned organizations and individuals to the Transport Ministry for consideration and solution.

Article 18.- Inspection and control

The inspection and control of the implementation of this Regulation shall comply with the provisions of law on inspection and control.